Iraqi Legislature Approves Contentious Private Life and Broad Amnesty Regulations
On January 21, 2025, Iraq's Parliament approved several significant pieces of legislation, including revisions to the Personal Status Law and the General Amnesty Law. These laws, critics argue, could have detrimental consequences for certain segments of society, including women, girls, and minority communities who were targeted by Daesh.
The revised Personal Status Law grants more power to Islamic courts concerning family matters like marriage, divorce, and inheritance. This change could potentially pave the way for clerics to sanction child marriages, even for girls as young as 9 years old, contradicting the current standard minimum age of 18 in most instances. Critics express concern about the erosion of legal protections for women in divorce, custody, and inheritance, and the possible surge in early marriages and child rights violations.
The legal process surrounding the law's passage, however, raises questions about judicial integrity and accountability. Some argue that the amendments were adopted without sufficient votes or due consideration of the original text, disregarding democratic principles.
As for the General Amnesty Law, second amendments were introduced that could spare perpetrators of Daesh's heinous crimes from facing justice. This decision has sparked disapproval from the Yazidi community, one of the most affected groups during Daesh's brutal reign.
On August 3, 2014, Daesh launched an attack on Sinjar, inflicting widespread atrocities on the Yazidi community. The terror group murdered thousands, primarily targeting men and elderly women, and abducted young women and girls for sexual slavery and violence. To this day, over 2,600 Yazidi women and children remain missing.
These new laws could exacerbate marginalization within certain Iraqi communities. The Yazidi community, for instance, has already struggled with historical trauma and displacement. The community fears that allowing child marriages could further victimize Yazidi women and girls.
Activists and human rights organizations have strongly denounced these amendments, accusing the lawmakers of betraying the rights of women and families. Legal challenges aim to challenge the amendments' legality in court, and calls for the Speaker's removal continue based on allegations of procedural violations during the vote.
In light of international commitments to address terrorism and combat impunity, the National Coordination of Iraq pledges to advocate for a personal status law that upholds women's and children's rights, including gender equality and safeguarding children's rights.
The revised Personal Status Law, criticized for granting more power to Islamic courts, could lead to a resurgence of child marriages among Yazidi women and girls, contravening international standards of justice and accountability. The lack of a transparent and democratic process in approving the General Amnesty Law, which could grant amnesty to Daesh perpetrators, has prompted accusations of betrayal from the Yazidi community and human rights organizations.
